Luke. Section 29 of the Local Government (Miscellaneous Provisions) Act 1982 is your bread and butter. It places a duty on local authorities to make insecure property secure. Having granted  this power the legislators (unusually for law makers) added a power of entry. It's common sense really; you don't want to board anyone inside do you?

Section 15 of the Local Government (Miscellaneous Provisions) Act 1976 also gives a power of entry after service of a notice to carry out a survey prior to compulsory purchase. Compulsory purchase is your bottom line with any empty home so it's no problem to serve the notice and do the survey..after all not all Compulsory Purchase proceedures come to fruition in the form of an actual CPO.

There are other powers under Sec 80 Environmental Protection Act 1990, Sec 4 Prevention of damage by Pests Act 1949 and Sec 79 of the Public Health Act 1936, but the above two are the ones I commonly use (next to straight tresspass. After all tresspass isn't a crime and the whole point is it's an empty house; there's no one in...no one's going to complain) 

Hi Luke,

We have used s15 LGMPA76 with respect to gaining access to inspect the property for valuation purposes for CPpowers.

A letter is sent to the owner asking for access to allow and inspection. The letter specifies time and date. An officer then attends at the appointed time. If access is not gained. A second letter is sent advising that they failed to attend and a further appt is advised. (usually 2 weeks later) On the second occasion a lock smith is in attendance. Access is gained, property inspected and the property is secured prior to leaving site.

A third letter is then sent to the owner advising of the action taken and where they can pick up the keys (to the new lock) You usually then get a response.

Let me have your email and I will forward you the letters we have had agreed by legal.

There are also powers available under the HA2004 to gain access to inspect but you need to be fairly sure that there is a category 1 hazard inside the property and this might be stretching the power a bit if you were to be challenged later on in any action you took.

Placing notices on doors of empty properties have 2 advantages in that it can flush out the owner and the neighbours who have complained also note that you are actually doing something and gain an appreciation of how difficult it can prove to trace an owner who does not want to be traced.

Hope this helps,

Sue Dixon Senior EHO.

East Riding of Yorks Council